930 F.3d 806
7th Cir.2019Background
- American Homeland Title Agency (Ohio-based) was audited by Indiana Dept. of Insurance and admitted to hundreds of regulatory violations; examiners recommended fines and consumer reimbursements and sought revocation of two owners’ Indiana licenses.
- Negotiations led to an Agreed Entry: American Homeland paid penalties, owners relinquished licenses, and expressly waived the right to judicial review.
- After complying, American Homeland sued Commissioner Robertson claiming Equal Protection violations (alleging the Department penalized out-of-state firms more harshly); Commerce Clause claim was foreclosed by McCarran-Ferguson.
- Plaintiff’s evidence: statistical expert (Dr. Voss) showing more guideline deviations against out-of-state firms, a recorded examiner remark suggesting in-state preference, and deposition testimony where Robertson could not categorically deny departmental bias.
- District court excluded the expert under Daubert and granted summary judgment for Robertson, finding remaining evidence insufficient; American Homeland appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Agreed Entry precludes judicial review | Agreed Entry was signed under coercion/duress and reflects unconstitutional bias, so it should be voided | Agreed Entry is a valid, voluntary settlement and includes a clear waiver of judicial review | The waiver is enforceable under Indiana contract law; the Agreed Entry bars judicial review |
| Whether duress voids the settlement | Threat of facing up to $9.5M if administrative review pursued rendered the agreement involuntary | Advising of potential maximum penalty is lawful negotiation, not duress | Not duress under Indiana law; fear of greater civil liability does not invalidate the agreement |
| Whether alleged unconstitutional bias renders the agreement illegal/void | Bias produced unlawful terms; Equal Protection claim should allow courts to review and unwind the settlement | Contract-illegality doctrine doesn’t apply; waiver of judicial review is not itself unlawful | Alleged bias does not make the contract illegal; plaintiff may not use equal-protection claim to escape the waiver |
| Standing / redressability | Plaintiff maintains injury and that court remedies (damages, reinstatement) would redress harms | Defendant argued claims are unredressable due to settlement waiver | Plaintiff has Article III standing, but waiver/contract defense (an affirmative defense) forecloses relief; court need not reach merits |
Key Cases Cited
- Metro. Life Ins. Co. v. Ward, 470 U.S. 869 (Equal Protection applies to state regulation of insurance despite McCarran-Ferguson)
- Lujan v. Defs. of Wildlife, 504 U.S. 555 (standing elements and Article III jurisdiction)
- United States v. ITT Cont'l Baking Co., 420 U.S. 223 (consent decrees construed as contracts for enforcement)
- Pohl v. United Airlines, Inc., 213 F.3d 336 (settlement enforceability governed by local contract law)
- Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (standard for admissibility of expert testimony)
- United States v. Jones, 381 F.3d 615 (waiver of appellate/claims rights in plea agreements enforced when knowing and voluntary)
- Caudill Seed & Warehouse Co. v. Rose, 868 F.3d 558 (release/settlement as an affirmative defense that may be waived)
